New technologies always require different sectors of society to evolve in new ways. This is particularly true in the legal field where new technologies such as smartwatches and Fitbit bands may be at the center of criminal and civil litigation in the near future.
In what is surely the first lawsuit of its kind, an attorney in Canada is using data from a Fitbit wristband in support of his clients claims in a personal injury insurance fraud lawsuit.
The firm collected the data on the clients Fitbit band and submitted it to an analytics platform owned by Vivametrica. The platform was then able to compare the injured clients activity level with that of the general populations activity level.
Wearable technology can not only track data related to health, they also can and do record geographic location and movement.
In effect, with the proper analysis, it is possible to track every single place you have gone and how long you were there.
Privacy matters aside, the most interesting question is when privacy is breached, how will the data be used in court.
It is important to note that insurers cannot force litigants to actually wear Fitbit bands or similar devices. However, if an individual who is at the heart of any litigation wears such a device, any data on the device may eventually be subpoenaed by insurance companies and other parties.
One of the defining features of the Sacramento, CA personal injury attorneys at Arnold Law Firm is their commitment to creating and applying the latest litigation tactics.
When new technologies emerge that can provide our clients with an advantage, our attorneys work to quickly master them. We are excited about having new ways to ensure that our clients pain and their family trauma is properly compensated.
To ensure that you have up-to-date legal representation, call (916) 777-7777 or fill out the Case Evaluation form.
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